Agenda item

Recommended for Approval, subject to a S106 Planning Obligation of the Town and Country Planning Act 1990.

The Director of Neighbourhood Services recommended that, in respect of applications 3/11/0153/FP and 3/11/0154/LC, subject to the applicant or successor in title entering into a legal agreement pursuant to section 106 of the Town and Country Planning Act 1990, planning permission and conservation area consent be granted subject to the conditions now detailed.

 

The Director referred to the additional representation schedule where the floor areas for the retail elements of the application were clarified for Members.  Members were requested to note the provision of 61 parking spaces, which complied with policy TR7 of the East Herts Local Plan Second Review April 2007.

 

Councillor G Jones stated that he was pleased to see an application to develop the site.  He was concerned however in relation to the height and scale of the buildings in the Bishop’s Stortford conservation area.  He commented that the application was contrary to policy BH6 and ENV1 by virtue of the size, scale and proportionality of the proposed development.  He also expressed concerns in relation to the significant traffic implications of the application.

 

Councillor Mrs R Cheswright stated a view that was contrary to the opinions of the conservation officer.  She commented that the proposed development was not an attractive structure for this location.  She also referred to the adverse traffic implications of the application on what was a very busy road.

 

The Director stressed that Officers did not have the evidence to support any concerns in relation to the traffic implications of the proposed development.

 

In response to a Member query, the Director confirmed that the proposed amenity space was considered to be acceptable for a town centre location.  He also advised that it would not be appropriate to expect a developer to fund solutions to existing problems such as airport parking or pressure on parking for users of the train station.

 

The Director acknowledged that the proposed development was larger than existing buildings on the site.  Officers were satisfied however that the development was acceptable in relation to the scale, size and form of other buildings in the area.  The use of high quality materials had also persuaded Officers that the application could be supported.

 

The Director further advised that the applicant was willing to put forward funds that could be used to fund future Traffic Regulation Orders (TROs).  He stated that a section 106 deferred payment arrangement could be drafted so that the funds would only be required if the traffic and parking implications were found to be significant.

 

Councillor J Demonti proposed and Councillor B Wrangles seconded a motion for an additional section 106 agreement for a deferred payment of £5,000 to fund Traffic Regulation Orders if necessary.

 

After being put to the meeting and a vote taken, this motion was declared CARRIED.

 

The Committee accepted the recommendations of the Director of Neighbourhood Services that, subject to the applicant or successor in title entering into a legal agreement pursuant to section 106 of the Town and Country Planning Act 1990, applications 3/11/0153/FP and 3/11/0154/LC be granted subject to the conditions now detailed.

 

RESOLVED – that (A) subject to the applicant or successor in title entering into a legal agreement pursuant to section 106 of the Town and Country Planning Act 1990 to cover the following matters:

 

1.            £38,500 towards sustainable transport measures included in the Bishop’s Stortford Transport Plan and specific improvements to passenger transport infrastructure to increase accessibility to the site for customers visiting the site by public transport;

 

2.            £6,214 towards Secondary Education;

 

3.            £182 towards Youth facilities;

 

4.            £1, 806 towards Libraries;

 

5.            £11,269 towards developing a ‘trim trail’ in and around Grange Paddocks and Sworders Field;

 

6.            The provision of fire hydrants;

 

7.            £300 standard monitoring fee per clause;

 

8.            Deferred payment of £5,000 to fund Traffic Regulation Orders if necessary.

 

in respect of application 3/11/0153/FP, planning permission be granted subject to the following conditions:

 

1.            Three Year Time Limit (1T121)

 

2.            Notwithstanding the provisions of the Town & Country Planning (Use Classes) Order 1987 (or any other Order amending, revoking and re-enacting that Order) the foodstore premises shall be used for a Limited Assortment Discounter retail store only (as defined in Directive 5) and for no other purpose within Class A1.

 

Reason: To ensure that the use as approved reflects the identified retail requirement’s of Bishop’s Stortford, in accordance with Planning Policy Statement 4: Planning for Sustainable Economic Growth

 

3.            Levels (2E051)

 

4.            Samples of materials (2E123)

 

5.            Prior to the commencement of development  the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved in writing, by the Local Planning Authority and thereafter implemented in accordance with any approved details:

 

1)    A preliminary risk assessment which has identifies all previous uses and potential contaminants associated with those uses, a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site.

 

2)    A site investigation scheme, based on 1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

3)    The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

4)    A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages.

 

Reason: To ensure protection of controlled waters, namely the principal aquifer beneath the site and the surface watercourse to the south of the site in accordance with Policy ENV20 of the East Herts Local Plan Second Review April 2007.

 

6.    Prior to the occupation of the development hereby approved, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved in writing by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority. The long-term monitoring and maintenance plan shall be implemented in accordance with the approved details.

 

Reason: To ensure protection of controlled waters, namely the principal aquifer beneath the site and the surface watercourse to the south of the site in accordance with Policy ENV20 of the East Herts Local Plan Second Review April 2007.

 

7.    If, during development contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted and obtained written approval from the Local Planning Authority for a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved.

 

Reason:To ensure protection of controlled waters, namely the principal aquifer beneath the site and the surface watercourse to the south of the site in accordance with Policy ENV20 of the East Herts Local Plan Second Review April 2007.

 

8.    Piling or any other foundation designs using penetrative methods shall not be permitted other than with the written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

 

Reason:To ensure protection of controlled waters, namely the principal aquifer beneath the site and the surface watercourse to the south of the site in accordance with Policy ENV20 of the East Herts Local Plan Second Review April 2007.

 

9.    No development hereby permitted shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

 

a)          The parking of vehicles of site operatives and visitors;

 

b)          Loading and unloading of plant and materials;

 

c)          Storage of plant and materials used in constructing the development;

 

d)          The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

 

e)          Wheel washing facilities;

 

f)            Measures to control the emission of dust and dirt during construction;

 

g)          A scheme for recycling/disposing of waste resulting from demolition and construction works;

 

h)          A restriction on any burning of materials on the site.

 

Reason: To safeguard the amenity of residents of neighbouring properties in accordance with policies ENV1 and ENV24 of the East Herts Local Plan Second Review April 2007 and in the interests of highway safety and in accordance with Hertfordshire Waste Local Plan policies 7 and 8.

 

10.  Any existing vehicular access onto the Station Road or London Road frontages of the site and not incorporated with the approved plans shall be permanently closed.

 

Reason: In the interest of highway safety and to avoid inconvenience to highway users.

 

11.  Prior to first occupation of the residential dwellings, details of the operation of the access control leading to the undercroft parking shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the access shall be implemented and maintained in accordance with the approved details.

 

Reason: To ensure the provision of appropriate access and in the interests of highway safety.

 

12.  Construction hours of working – plant and machinery (6N072)

 

13.  Notwithstanding the details shown on the approved drawings, no development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include a) means of enclosure; b) hard surfacing materials; c) planting plans; d) schedules of plants noting species, planting sizes and proposed numbers/densities and e) a timetable for implementation and f) hard standing.

 

Reason: To ensure the provision of amenity afforded by appropriate landscape design, in accordance with policy ENV2 of the East Herts Local Plan Second Review April 2007.

 

14.  All hard and soft landscape works shall be carried out in accordance with the details approved pursuant to Condition 13. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the local planning authority. Any trees or plants that, within a period of 5 years after planting are removed, die or become damaged or defective shall be replaced with others of the same species, size and number as originally approved unless the local planning authority has given written consent to any variation.

 

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscaping in accordance with the approved designs, in accordance with policy ENV2 of the East Herts Local Plan Second Review April 2007.

 

15.  Prior to the commencement of works a scheme for the protection of dwellings against external noise shall be submitted to and approved in writing by the local planning authority. The scheme shall provide for sound attenuation of dwellings of not less than 40dB with windows shut and other means of ventilation provided. The development shall thereafter be implemented in accordance with the approved details.

 

Reason: In order to ensure an adequate level of amenity for residents of the new dwellings in accordance with Policy ENV25 of the East Herts Local Plan Second Review April 2007.

 

16.  Before first occupation of the approved development, all access and junction arrangements serving the development shall be completed in accordance with the approved plans and constructed to the specification of the Highway Authority.

 

Reason: To ensure that the access is constructed to an appropriate specification in the interests of highway safety and convenience.

 

17.  No delivery vehicles for the retail element of the development hereby approved shall be allowed on the site between 19:00 and 07:00 unless they are parked on the site with their engines switched off between those times.

 

Reason: In the interests of future residents of the approved and nearby development, in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.

 

18.  Approved plans (2E102)

 

Directives:

 

1.            Other Legislation (01OL)

 

2.            Planning Obligation (08PO)

 

3.            Street Naming and Numbering (19SN)

 

4.            Highways Works (05FC2)

 

5.            The Limited Assortment Discounter store hereby approved is defined, in accordance with the Competition Commission’s report ‘The Supply of Groceries in the UK Market Investigation’ of 30 April 2008, as being stores whichcarry a limited range of grocery products and base their retail offer on selling these products at very competitive prices. This means that the number of product lines (stock-keeping units) available within the store at any one time should not exceed two thousand lines.

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and the 'saved' policies of the East Herts Local Plan Second Review April 2007), and in particular policies SD1, SD2, SD5, TR1, TR2, TR7, TR8, TR14, STC1, ENV1, ENV2, ENV3, ENV20, ENV25, BH6 and IMP1. The balance of the considerations having regard to those policies is that permission should be granted.

 

(B)   in respect of application 3/11/0154/LC, planning permission be granted subject to the following conditions:

 

1.  Listed building three year time limit (1T141)

 

2.  Conservation Area (clearance of site) (8L134)

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and East Herts Local Plan Second Review April 2007), and in particular Planning Policy Statement 5: Planning and the Historic Environment. The balance of the considerations having regard to that policy is that permission should be granted.